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Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Immigration Law
Satisfied Customers: 468
Experience:  Managing Attorney at a Law Firm
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I am here as the Dependent of my husband. We are in the US

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I am here as the Dependent of my husband. We are in the US with an E2 Visa.
Our son is born in the US.
Now my question, is there any option for me to file for divorce and still could stay in the US with my son?

Good morning, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. I've reviewed your question, please allow me just a few minutes to prepare some information for you, thank you!

Thanks for your patience!

Unfortunately you won't be able to remain in the US under your current visa, you would have to qualify and apply for another visa.

The reason is because the current visa you are under is only for the spouse and children of an E2 visa holder. Hence, after a divorce you would no longer qualify.

Once your son is 21 years of age, he can then apply for your citizenship. However, I assume that may still be many years from now (if your son is a young child).

Other visas you might qualify for are under the EB2 visa category. This includes certain professionals in special fields, for which there might be a shortage in the US.

The other potential option would be to take your son with you once you do leave the US, and have him return with you to your home country, but that may be a separate custody issue to be decided between you and your husband.

You can also return from time to time on a B2 tourist visa.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more. It doesn't cost you anything to rate me, and we can continue our conversation for free after. Thanks, ***** ***** it!

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

Nisha Jones, Esq. and other Immigration Law Specialists are ready to help you

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